To: | Atrium Sports, Inc. (nancy.stephens@foster.com) |
Subject: | U.S. Trademark Application Serial No. 90021364 - SYNERGY SPORTS TECHNOLOGY - 519289-6000 |
Sent: | July 16, 2020 04:45:58 PM |
Sent As: | ecom109@uspto.gov |
Attachments: |
United States Patent and Trademark Office (USPTO)
Office Action (Official Letter) About Applicant’s Trademark Application
U.S. Application Serial No. 90021364
Mark: SYNERGY SPORTS TECHNOLOGY
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Correspondence Address: |
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Applicant: Atrium Sports, Inc.
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Reference/Docket No. 519289-6000
Correspondence Email Address: |
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EXAMINER’S AMENDMENT
Issue date: July 16, 2020
USPTO database searched; no conflicting marks found. The trademark examining attorney searched the USPTO database of registered and pending marks and found no conflicting marks that would bar registration under Trademark Act Section 2(d). 15 U.S.C. §1052(d); TMEP §704.02.
Application has been amended as shown below. As agreed to by the applicant’s attorney, Nancy V. Stephens, Esq., on July 16, 2020, the examining attorney has amended the application as shown below. Please notify the examining attorney immediately of any objections. TMEP §707. Otherwise, no response is required. Id. In addition, applicant is advised that amendments to the goods and/or services are permitted only if they clarify or limit them; amendments that add to or broaden the scope of the goods and/or services are not permitted. 37 C.F.R. §2.71(a).
The Applicant states the following: “Making no admission of the merely descriptive nature of the term "sports technology", no acknowledgement of Applicant's lack of an exclusive right therein at the time of a disclaimer and only in connection with Lanham Act Section 6(b), which states, "No disclaimer . . . shall prejudice or affect the applicant's or registrant's rights then existing or thereafter arising in the disclaimed matter, or Applicant's right of registration on another application if the disclaimed matter be or shall have become distinctive of Applicant's goods or services," and merely for purposes of having the Application be allowed to proceed to publication, please enter the following disclaimer.”
Accordingly, the following disclaimer statement is added to the record:
No claim is made to the exclusive right to use “SPORTS TECHNOLOGY” apart from the mark as shown.
See 15 U.S.C. §1056(a); TMEP §§1213, 1213.03(c), 1213.08(a)(i).
/Susan Stiglitz/
Trademark Examining Attorney
USPTO, Law Office 109
susan.stiglitz@uspto.gov
571-272-9285